They did not possess the peculiar features of sovereignty, they could not make war, nor peace, nor alliances, nor treaties. The states were not 'sovereigns' in the sense contended for by some. The Curtiss-Wright case is notable in its lengthy review and findings regarding the sovereignty of the United States and the power of the federal government as the exclusive actor in the realm of foreign relations, but for the purposes of brevity, I will excerpt only two sections: Curtiss-Wright (1936), a case that famously described "the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations-a power which does not require as a basis for its exercise an act of Congress." Judge Robart also ignored Supreme Court precedent from United States v. In fact, in doing so, he expressly cites Section 1182(f), and his executive order tracks the language of the statute (finding the entry of aliens from these countries at this time "would be detrimental to the interests of the United States"). This is precisely what President Trump has done. Section 1182(f) plainly and sweepingly authorizes the president to issue temporary bans on the entry of classes of aliens for national-security purposes. However, federal immigration law, observes McCarthy, also includes Section 1182(f), which states: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate." Code, states that (with exceptions not here relevant) "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence." It is true, noted McCarthy, that a section of that act, now codified in Section 1152(a) of Title 8, U.S. McCarthy also knocked-down claims that President Trump's executive order violates the 1965 immigration act that "banned all discrimination against immigrants on the basis of national origin." Exceptions are to be construed strictly." It belongs then to the head of that department, except as to such portions of it as are specifically submitted to the Senate. McCarthy, pointed out in his article " Trump's Exclusion of Aliens from Specific Countries Is Legal," under the Constitution, as Thomas Jefferson wrote shortly after its adoption, "the transaction of business with foreign nations is Executive altogether. This action is not only dangerous to the national security of the United States and the safety of millions of its lawful citizens, it is unconstitutional because the Constitution has clearly delegated those powers to Congress and the President.Īs our friend, former Assistant U.S. What is worse, the judge's order in essence, establishes by judicial fiat a new law that, once granted a visa, a foreigner has an irrevocable right to enter the United States. What this means is that Judge Robart has usurped the Article 1 constitutional powers of Congress to regulate commerce with foreign countries and set the rules of naturalization and immigration, and the President's Article 2 powers as commander in chief and the sole officer responsible for interaction with foreign powers.
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